HomeMy WebLinkAboutStaff Review/ReportsSTAFF REVIEW COMMENTS
No. 3
Project: EXPRESS STOP (C-N USE & SITE PLAN)-SITE PLAN (0-153)
PLANNING
All items 1-16 have been addressed with the following exceptions:
3. The driveway width for the access fronting Southwest Parkway needs
to be reduced. The maximum driveway width for a commercial drive is
36'.
5. Drive aisle width between the gas pumps and parking along the
building front must scale out to a minimum of 23'.
15. Please furnish a lighting detail that shows how the surrounding
properties will be affected by the proposed lighting.
New Comment:
17. The enlargement of the dumpster pad to accommodate the two
proposed dumpsters has decreased the turning corner of the drive-
thru to be less than 20'. The rear drive aisle must measure 20' at all
points.
Reviewed by:
Shauna Laauwe
Date: 9-13-00
ENGINEERING
1. Have not addressed drainage concerns. Please submit a drainage report
so that the site plan can be reviewed as required.
Reviewed by: Spencer Thompson
Date: 9-13-00
NOTE: Any changes made to the plans, that have not been requested by the
City of College Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review.
Staff Review Comments Page 1 of 1
~~ `~ ~ ~i ~
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STAFF REPORT
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Item: Public Hearing and Consideration of a C-N Neighborhood Business site plan and
use, for a convenience store/gas station, Express Stop, to be located at 2500 Dartmouth
Drive. (0-153)
Applicant: Charles Taylor of Premier Builders for Akber Dosani
Item Summary: The applicant is proposing a 5,720 square foot convenience store and
four (4) pump gas station at the southwest corner of Dartmouth Drive and Southwest
Parkway. The site is proposed to house the following uses: drive-in food store,
convenience store, dry cleaners and gas station. The property is currently zoned C-N,
Neighborhood Business. Convenience stores and gas stations are not expressly permitted
in a C-N district, but may be allowed under the provision listed "other uses to be
determined by the Commission." All uses in the C-N district must have their use,
location, and site plan approved by the Planning and Zoning Commission.
Comprehensive Plan Considerations: The FM 2818 Extension Study recommended
the Southwest Parkway/Dartmouth intersection as a location for a neighborhood business
to serve both the surrounding neighborhood and Central Park. The Thoroughfare Plan
classifies Southwest Parkway and Dartmouth Drive as minor arterials. The Thoroughfare
Plan also shows Dartmouth Drive to be extended to the south, cross Krenek Tap, and
eventually connect to Texas Avenue at Brothers Street.
Item Background: The subject property was rezoned to C-N in October of 1997 and has
remained undeveloped. The intent of the C-N district is to provide for small commercial
sites for residential convenience goods and personal service businesses. In November
1998, the Planning and Zoning Commission approved a conceptual site plan and use
permit. However, since no building permits were pulled within 12 months of the
approval, the November 1998 conditional use permit has expired.
This item, then known as Exxon @ Dartmouth Crossing, has come before the
Commission three times this year, on February 17`h, April 7`h and May 18`h. On February
17`h, the original site plan and use for a convenience store, gas station, dry cleaners and a
take out deli was denied by a vote of 3-3. The Commissioners were concerned with
traffic generation, the abundance of parking, the possibility of lighting affecting
surrounding property owners, the low amount of landscaping/greenspace, site orientation,
and pedestrian access to surrounding residential areas. With these concerns, the
Commission felt that the proposed site and use would adversely affect the surrounding
property owners. The applicant brought back the site plan and use on Apri17`h after
modifying the plan by removing parking spaces in order to accommodate additional and
larger landscaped islands, sidewalks, and bike racks. Staff addressed the Commission's
previous traffic impact concerns with estimates provided by the ITE (Institute of Traffic
Engineers) Trip Generation Manual. The item, however was again denied by a vote of
3-3 due to the Commission's continuing concerns regarding the proposed canopy, facade,
and lighting impact to the surrounding property owners. On May 18`h, the applicant
provided the Commission with a lighting schematic to show how their lighting plan
would affect the surrounding area and they provided elevation drawings of the proposed
canopy and facade. The canopy was non-traditional in appearance and the facade
drawings indicated that red bricking would be used to match the surrounding area. The
site plan and use was approved unopposed 4-0 with the following conditions: security
lighting be provided for the rear of the building and to change the landscaping plans to
make the berms look more natural with a mixture of plants instead of the uniformed line
formation.
This item is back before the Commission due to the applicant not being able to find a
major gas company to accept the site plan previously approved by the Commission. The
new proposed site varies greatly from the one approved by the Commission on May 18`"
of this year.
The following changes have been made:
• The building is directed towards Southwest Parkway, rather than oriented at an
angle towards the intersection of Dartmouth & Southwest Parkway.
• A drive-thru has been added.
• The building square footage has increased by 115 square feet.
• No parking is provided along Southwest Parkway, giving the site 30 parking spaces
rather than the previously approved 38.
• An additional dumpster has been included.
• The bike racks have been removed.
• The four gas pumps now are lined up at an angle instead of the previous two-by-two
formation.
• The pedestrian access points to The Heritage at Dartmouth apartments and the
Southwest Parkway sidewalk have been removed.
• The size of the landscaped islands has been reduced.
• The proposed facade is the same as the exterior of the Exxons located at Welch and
Harvey Mitchell and University Drive and the bypass.
• A traditional canopy is proposed.
• A specific lighting plan has not been submitted.
Staff Recommendations: Neighborhood Business uses must meet the intent of the C-N
district. The Zoning Ordinance defines the purpose of this district as: "...providing
small commercial sites for residential convenience goods and personal service
businesses. No use shall be allowed which would adversely affect the health, safety,
welfare, or residential character of the neighborhood. The use shall be a low traffic
generator and shall not create any noise, light, or odors abnormal to the neighborhood."
The use must be compatible with the surrounding area that it serves.
Staff recommends denial of the site plan. Staff feels that many of the Commission's
previous concerns have not been addressed. The major concerns with the previous site
plan were the canopy's design and height, the affect of proposed lighting on the
surrounding property owners, potential traffic impact, the appearance of the site in
relation to landscaping, and making the site more neighborhood (pedestrian) friendly.
The applicant has not provided Staff with elevation drawings of the proposed canopy or a
lighting schematic that accommodates the new design. While traffic impacts of a
convenience store were addressed with the previous site plan, the addition of a drive-thru
restaurant will increase the potential traffic coming to and through the site and will
conflict with pedestrians coming from the south. Lastly, Staff objects to the removal of
the pedestrian access to the Heritage at Dartmouth apartments and Southwest Parkway.
With the removal of the pedestrian access points, the repositioning of the store towards
Southwest Parkway and the addition of a drive-thru restaurant, Staff believes the site is
more geared to passer-by traffic than to the surrounding neighborhood.
If the Commission recommends approval, Staff recommends that Staff Review
Comments No.3 be a condition of the approval.
Commission Action Options: The Commission has final authority over the C-N use
and site plan.
1. Approval as submitted;
2. Approval with conditions relating to
limitations;
3. Denial with specified reasons for denial;
specific site characteristics or with time
4. Table; or,
5. Defer action to a specified date.
Supporting Materials:
1. Location Map
2. Application
3. Infrastructure and Facilities
4. Staff Review Comments No.3
5. Site Plan
6. P&Z Minutes: February 17, 2000
7. P&Z Minutes: Apri16, 2000
8. P&Z Minutes: May 18, 2000
INFRASTRUCTURE AND FACILITIES
Water: A 12" waterline runs along Dartmouth Drive. This is adequate for
the requested use.
Sewer: An 8" sewer line is extended through the site. This is adequate for
the requested use.
Streets: Dartmouth Drive and Southwest Parkway are classified as Minor
Arterials on the Thoroughfare Plan.
Off-site Easements: A joint access easement between the subject property and
the adjacent property to the east (Heritage at Dartmouth) exists at the Dartmouth
Drive access point. A joint access easement also is shared with the property to
the west (Planter Emergent State Bank) via the Southwest Parkway entrance.
Drainage: Will be required to meet the Drainage Ordinance.
Flood Plain: Not located within the flood plain.
NOTIFICATION:
Legal Notice Publication(s): The Eagle; 9-6-00
Advertised Commission Hearing Dates(s): 9-21-00
Number of Notices Mailed to Property Owners Within 200': 6
Response Received: Staff has received one call of inquiry.
x.2/13/00 14:32 ^V'979 764 3496 DEVELOPMENT SVCS
STAFF REVIEW COMMENTS No. 1
Project: DP-EXPRESS STOP-DEVELOPMENT PERMIT (0-500081)
PLANNING
~ 002/002
1. The site plan was approved on September 21, 2000 by the Planning and
Zoning Commission with the inclusion of Staff Review Comments No. 3.
These comments are carried forward and need to be addressed in order
to receive the Development Permit. They are as follows:
3. The driveway width for the access fronting Southwest Parkway needs to
be reduced. The maximum driveway width for a commercial drive is 36'.
5. Drive aisle width between the gas pumps and parking along the building
front must scale out to a minimum of 23'.
15. Please furnish a lighting detail that shows how the surrounding properties
will be affected by the proposed (fighting.
17. The enlargement of the dumpster pad to accommodate the twoproposed
dumpsters has decreased the turning corner of the drive-thru to be less
than 20'. The rear drive aisle must measure 20' at al! points.
Reviewed by: Shauna Laauwe Date: 12/12/00
ENGINEERING
1. Please rename all future material to read 'Express Stop', not Exxon at
Dartmouth Crossing.
2. The hydraulics of your parking lot retention are acceptable. _But, your
dumpsters will be flooded every time storm water is retained in the parking
lot. This will cause the storm water to become gray water which is
unacceptable.
Reviewed by: Thomas V. Vennochi Jr. Date: 12/12/00
NOTE: Any changes made to the plans, that have not been requested by the
City of Coliege Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review.
Staff Review Comments
Page 1 of 2
STAFF REVIEW COMMENTS
No. 2
Project: EXPRESS STOP (C-N USE & SITE PLAN) (00-153)
PLANNING
1. Freestanding signs are not permitted in the C-N, Neighborhood
Commercial zoning district.
2. Designate the type of all easements (utility, access, etc.).
X 3. The driveway width for the access fronting Southwest Parkway needs to
be reduced. The maximum driveway width for a commercial drive is 36'.
,,~'4. The water meters need to be relocated. They are not located within a
utility easement and they appear to be in a parking space.
v 5. Drive aisle width between the gas pumps and parking along the building
front must be a minimum of 23'.
6. The transformer needs to be located in an easement.
~ 7. Label the 24' Landscape Reserve on the site plan.
8. It appears (from a rough calculation) that the pavement along Southwest
Parkway exceeds the maximum 1134 square feet of continuous pavement
allowed in the landscape reserve by approximately 90 square feet. Either
increase the landscaped area, or show that the plan meets the restriction.
vg. Need to provide fire lane detail.
/10. Need to provide handicap space and ramp detail.
,,/~ 1. Change Canopy Tree Requirements from 1 / 35 L.F. of frontage to 1 / 32
L.F. frontage. This increases the minimum needed on this site from 12
trees to 13.
~ 12. I counted 26 Crepe Myrtles instead of 24. (this covers for the above
increase)
~ 13. I only counted 104 shrubs instead of the stated 165. This results in 610
fewer points than stated on the landscape plan for a total of 3,290
landscape points. The calculated total is 507 points short of the minimum
landscaping points of 3,797 needed for this site.
v'14. Under Required Parking, change the subheading from shopping center
(less than 75,000 S.F.) to retail sales and service.
15. Please furnish a lighting detail that shows how the surrounding properties
will be affected by the proposed lighting.
~~16. Please provide color drawings and samples of the proposed exterior of the
building and canopy.
Reviewed by: Shauna Laauwe Date: September 6, 2000
Staff Review Comments
J:\PZTEXT\PZ03600. DOC
Page 1 of 1
ENGINEERING
1. Please show calculations for estimated domestic water and sewer usage:
minimum, average and maximum. Domestic water meters will be sized
accordingly.
2. Specify tap size on 12" waterline.
3. Please submit a drainage report so that the site plan can be reviewed as
required.
Reviewed by: Spencer Thompson Date: 09/06/2000
ELECTRICAL
1. Developer responsible for installing conduit per city spec and design.
2. Developer responsible for pouring transformer pad per city spec and
design.
3. Developer responsible for providing easements to cover all primary
electric lines and equipment.
Reviewed by: Jennifer Reeves Date: 8/29/00
MISC.
1. The double enclosure measures only 10 feet by 20 feet. In order to hold two
containers it needs to measure 12 feet by 24 feet.
2. Contractor responsible for providing backflow devices for firelines, postmix
beverage, irrigation, and Heating/AC with direct connection to water system.
3. All devices must be installed as per AWWA standards and City Ordinance
2394.
4. All devices must be tested upon installation as per TNRCC Regs. And City
Ord. 2394
5. Backflow for irrigation must be either a Reduced Pressure Assembly or
Pressure Vacuum Breaker, installed as per AWWA standards and City
Ordinance 2394. Device must be tested upon installation as per TNRCC and
City Ord. 2394.
NOTE: Any changes made to the plans, that have not been requested by the
City of College Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review.
Staff Review Comments Page 2 of 1
J:\PZTEXT\PZ03600. DOC
STAFF REVIEW COMMENTS
No. 2
Project: DP-EXPRESS STOP-DEVELOPMENT PERMIT (0-500081)
PLANNING
1. No Comments
Reviewed by
Jennifer Reeves
Date: 02/23/01
ENGINEERING
1. No Comments
Reviewed by: Thomas V. Vennochi Jr.
Date: 02/23/01
NOTE: Any changes made to the plans, that have not been requested by the
City of College Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review.
Staff Review Comments Page 1 of 1
STAFF REVIEW COMMENTS
No. 4
Project: EXPRESS STOP (C-N USE & SITE PLAN)-SITE PLAN (0-153)
PLANNING
1. Your landscaping legend says you are proposing 166 Indian Hawthorn's,
but you are only showing 104. This makes you 517 points shy of meeting
your required landscaping points. Your landscaping legend says you are
proposing 24 Crepe Myrtle, but your showing 26.
Reviewed by: Jennifer Reeves Date: 03/08/01
NOTE: Any changes made to the plans, that have not been requested by the
City of College Station, must be explained in your next transmittal letter and
"bubbled" on your plans. Any additional changes on these plans that have not
been pointed out to the City, will constitute a completely new review.
Staff Review Comments Page 1 of 1
Commissioner Harris said that the fact that our ordinances are out of date does not give us cause to
penalize the property owner.
Commissioner Happ said that a PDD is the direction that we need to go in order to protect the
interests of our city.
Chairman Mooney called the question. The motion to approve the rezoning failed, 5-2.
(Commissioners Mooney, Floyd, Warren, Williams, and Happ voted in opposition.)
Commissioner Warren motioned to deny without prejudice to allow the applicant the opportunity to
work with the staff on a PDD plan. Commissioner Happ seconded the motion. The motion passed 5-
2. (Commissioner Horlen and Hazris voted in opposition.)
Agenda Item No. 7: Public hearing and consideration of a C-N Commercial-Neighborhood Use and
Site Plan for Express Stop consisting of a convenience store with two future lease spaces and located
at the southwest corner of Southwest Parkway and Dartmouth Drive. (00-153)
Staff Planner Lauuwe presented the staff report. Ms. Laauwe opened by pointing out that this item has
come before the Commission three times this year and is being presented again tonight due to the
applicant not being able to find a major gas company to accept the site plan previously approved by the
Commission. The property is currently zoned C-N, Neighborhood Business and located at the
southwest corner of Dartmouth Drive and Southwest Parkway. The new 5,720 square foot
convenience store and four (4) pump gas station is proposed to house the following uses: drive-in
food store, convenience store, dry cleaners and gas station. Ms. Lauuwe explained that convenience
stores and gas stations aze not expressly permitted in a C-N district, but may be allowed under the
provision listed "other uses to be determined by the Commission." She explained that the intent of the
C-N district is to provide for small commercial sites for residential convenience goods and personal
service businesses and that all uses in the C-N district must have their use, location, and site plan
approved by the Planning and Zoning Commission.
The previous proposal, known as Exxon at Dartmouth Crossing, first came before the Commission on
February 17~ Ms. Laauwe said. The original site plan and use for a convenience store, gas station, dry
cleaners and a take out deli was denied by a vote of 3-3 because the Commissioners were concerned
with traffic generation, the abundance of parking, the possibility of lighting affecting surrounding
property owners, the low amount of landscaping/greenspace, site orientation, and pedestrian access to
surrounding residential areas. With these concerns, the Commission felt that the proposed site and use
would adversely affect the surrounding property owners. Ms. Laauwe stated that the applicant
brought back the site plan and use on April 6~' after modifying the plan by removing parking spaces in
order to accommodate additional and larger landscaped islands, sidewalks, and bike racks. Staff
addressed the Commission's previous traffic impact concerns also at this time. However, Ms. Laauwe
reported that the item was denied again due to the Commission's continuing concerns regarding the
proposed canopy, facade, and lighting impact to the surrounding property owners. Ms. Laauwe
explained that on May 18~`, the applicant provided the Commission with a lighting schematic to show
how their lighting plan light would affect the surrounding area and they provided elevation drawings of
the proposed canopy and facade. The canopy was non-traditional in appeazance and the facade
drawings indicated that red bricking would be used to match the surrounding azea. The site plan and
use was approved unopposed 4-0 with the following conditions: security lighting be provided for the
reaz of the building and to change the landscaping plans to make the berms look more natural with a
mixture of plants instead of the uniformed line formation.
P&Z Minutes September 21, 2000 Page 8 of 11
Ms. Laauwe reports tonight that the applicant has hired a new design and engineering firm and has
made several changes to the site that varies greatly from the one approved by the Commission on May
18~'. She pointed out the following changes that have been made:
• The building is directed towards Southwest Parkway, rather than oriented at an angle towards the
intersection of Dartmouth & Southwest Parkway.
• A drive-thru has been added.
• The building square footage has increased by 115 square feet.
• No parking is provided along Southwest Parkway, giving the site 30 parking spaces rather than the
previously approved 38.
• An additional dumpster has been included.
• The bike racks have been removed.
• The four gas pumps now are lined up at an angle instead of the previous two-by-two formation.
• The pedestrian access points to The Heritage at Dartmouth apartments and the Southwest Parkway
sidewalk have been removed.
• The size of the landscaped islands has been reduced.
• The proposed facade is the same as the exterior of the Exxons located at Welch and Harvey
Mitchell and University Drive and the bypass.
• A traditional canopy is proposed.
• A specific lighting plan has not been submitted.
Ms. Laauwe explained that Neighborhood Business uses must meet the intent of the C-N district and
that the Zoning Ordinance defines the purpose of this district as: "...providing small commercial sites
for residential convenience goods and personal service businesses. No use shall be allowed which
would adversely affect the health, safety, welfare, or residential character of the neighborhood. The
use shall be a low traffic generator and shall not create any noise, light, or odors abnormal to the
neighborhood." The use must be compatible with the surrounding area that it serves.
In closing, Ms. Laauwe states that Staff recommends denial of the site plan because they feel that many
of the Commission's previous concerns have not been addressed. She pointed out that the major
concerns with the previous site plan were the canopy's design and height, the affect of proposed
lighting on the surrounding property owners, potential traffic impact, the appearance of the site in
relation to landscaping, and making the site more neighborhood (pedestrian) friendly. She indicated
that the applicant has not provided Staff with elevation drawings of the proposed canopy or a lighting
schematic that accommodates the new design. While traffic impacts of a convenience store were
addressed with the previous site plan, the addition of a drive-thnu restaurant will increase the potential
traffic coming to and through the site and will conflict with pedestrians coming from the south Ms.
Laauwe said. She also said that Staff objects to the removal of the pedestrian access to the Heritage at
Dartmouth apartments and Southwest Parkway. With the removal of the pedestrian access points, the
repositioning of the store towards Southwest Parkway and the addition of a drive-thru restaurant, Staff
believes the site is more geared to passer-by traffic than to the surrounding neighborhood. Finally, Ms.
Laauwe said if the Commission recommends approval, Staff recommends that Staff Review Comments
No. 3 be a condition of the approval.
P&Z Minutes September 21, 2000 Page 9 of I1
Commissioner Floyd asked Ms. Laauwe to clarify the special needs of the tenants in the apartments to
the south of the site. Ms. Laauwe said that approximately half of those tenants are disabled.
Chairman Mooney opened the public hearing.
Mr. Ray Hansen, 730 North Rosemary, Bryan, Texas, addressed the Commission. He began by saying
that the initial plan was changed because it was a nonfunctional building. He said that the canopy top
would not be any higher than the building, with the underside of the canopy being 14.6 feet and the
height varying from 36 to 42 inches. He said that the engineering firm that has been contracted to
install the lighting assured them that the city codes can and will be met. He also stated that the candle
power will remain on the property but property shielded so as not to adversely affects the surrounding
neighborhood. He pointed out that the new plan utilizes the Dartmouth sidewalk up to the point that is
common with their building. He commented on original plan, saying that the sidewalk went out the
rear and serviced the apartments immediately behind, but that it would not service them any better than
the other apartments in the design of the new plan. Mr. Hansen said that there would be access to all
the apartments by going down Dartmouth and any other street in the area. He explained that
pedestrian traffic is not predicted to be heavy. He stated that landscaping meets code and that the
reduction in the driveway to 36' is not a problem. He also said that a bike rack could also be built. He
explained that the initial layout of the building was a disadvantage for the store and customers alike.
He pointed out that there was an odd ingress and egress and that customers would be required to walk
further. It also allowed too many drive-off incidences that would prove to be very costly. The
stacking ability for vehicles would be limited also, he said. In closing, Mr. Hansen said that the drive-
thru window would not create any additional traffic, only serve as an interceptor.
Commissioner Warren asked Mr. Hansen how the changed appearance of the canopy and other
features of the site would be compatible with the surrounding R-1 housing district. Mr. Hansen
explained that architectural features of the building and the landscaping would overcome some of the
objections to the appearance of the canopy. The canopy's are as they are from the suppliers.
Commissioner Floyd asked Mr. Hansen if there would be any latitude, referring to the previous design,
in the compatibility of the building with the surrounding area. Mr. Hansen said that he believes it is
very compatible, pointing out other materials used on the buildings of their other properties in the area.
Chairman Mooney closed the public hearing.
Commissioner Harris motioned for the approval with the inclusion of Staff Comments No. 3.
Commissioner Floyd seconded the motion. The motion passed 5-2. (Commissioners Warren and
Williams voted in opposition.)
Agenda Item No. 8: Consideration of a Final Plat for the Harley Subdivision consisting of two lots
on 6.32 acres located at State Highway 6. (00-159)
This agenda item was moved from its original position as Agenda Item No. 8 and heard as Agenda
Item No. 6.
Graduate Engineer Thompson presented the staff report. He stated that the subject property is located
south of Rock Prairie Road along the east side of Highway 6 South, between the north and south forks
of Lick Creek and across Highway 6 from Eagle Avenue. Mr. Thompson pointed out that an 18"
P&Z Minutes September 21, 2000 Page 10 of 11
i i
not subject to their provisions. The replat is not considered a minor plat because a public electrical line
must be extended to satisfy the Subdivision Regulation that all lots must have access to public utilities.
Therefore the plat is subject to review by the Planning & Zoning Commission rather than staff review.
The applicant is requesting one additional single family lot, which triggers the public hearing
requirement and will require a parkland dedication fee to cover that additional lot. If the
Commissioners find that the final plat complies with the Subdivision regulations and all other applicable
codes, complies with the Comprehensive Plan, and provides adequate infrastructure, then the plat
should be approved according to state statute requirements. Staff reviewed the plat and found
compliance with all applicable requirements and recommends approval of the plat as submitted (all
review comments were addressed on the revised plat). Ms. McCully explained that there were some
calls from surrounding property owners in which they were opposed to density as shown on the plat.
Chairman Rife asked if the applicant met all current lot size minimums on this proposed plat. Ms.
McCully clarified that the shown lot sizes on the proposed plat meet the current ordinance
requirements.
Chairman Rife opened the public hearing.
Mr. Charlie Szabuniewicz, the developer of the property, said that he was very sensitive to single family
residences. He offered to answer any questions posed by the Commissioners.
Chairman Rife closed the public hearing.
Commissioner Floyd moved to approve the final plat as submitted. Commissioner Warren seconded the
motion.
Commissioner Warren expressed her concern that the use would impact the adjacent property owners.
Chairman Rife called for the vote, and the motion to approve the final plat passed 4-2; Commissioners
Warren and Mooney voted in opposition to the motion.
AGENDA ITEM NO. 4: Public hearing and consideration of a Conditional Use Permit, site plan
and use, for a convenience store/gas station, Exxon @ Dartmouth Crossing, to be located at 2500
Dartmouth Drive. (00-8)
Staff Planner Anderson presented the staff report and stated that the proposal was to construct a 5,605
square foot convenience store and an eight (8) pump gas station at the southwest corner of Dartmouth
Drive and Southwest Parkway. The property is currently zoned C-N Neighborhood Business.
Convenience stores and gas stations are not expressly permitted in a C-N district, but may be allowed
under the provision listed "other uses to be determined by the Commission." All uses permitted in the
C-N district must have their use, location, and site plan approved by the Commission. In November
1998, the Commission approved the conceptual site plan and use permit. However, since no building
permits were pulled within 12 months of the previous approval, the November 1998 conditional use
permit has expired. Except for the professional office located to the west, developed or zoned
residential districts surround the subject property on all sides. The abutting property to the south is
currently an undeveloped R-5 Apartment Medium Density tract. Ms. Anderson explained that
Neighborhood Business uses must meet the intent of the C-N district. The Zoning Ordinance defines the
P&Z Minutes February 17, 2000 Page 2 ofg
purpose of this district as, "... providing small commercial sites for residential convenience goods and
personal service businesses. No use shall be allowed which would adversely affect the health, safety,
welfare, or residential character of the neighborhood. The use shall be a low traffic generator and shall
not create any noise, light, or odors abnormal to the neighborhood." The use must comply with the
surrounding area that it serves.
Chairman Rife asked if there could be restrictions on the hours of operation. Assistant City Attorney
Ladd said that the Commission could place restrictions on the hours of operation. Mr. Rife also asked if
the original conditions (from the review in November 1998) would be placed on this if approved. Ms.
Anderson said that the Commissioners would need to specify that they intended for the original
conditions to be placed on this review.
Chairman Rife opened the public hearing.
Mr. Rabon Metcalf, Municipal Development Group, stated that he was representing the applicant and
would answer questions from the Commissioners. He reiterated that a Conditional Use Permit for this
exact project was approved in November 1998, but time lapsed since no building permits were issued
within the 12-month time period. He said that the proposal was for a convenience store, gas station,
dry cleaners, and a small carryout deli.
There was a question to staff from some Commissioners regarding the traffic generated at this site and
what general traffic counts were usually used for convenience stores. Transportation Planner Hard
pointed out that convenience stores were considered more of a "capturing site" rather than a generator
of traffic. Gas stations and convenience stores usually attract traffic already traveling on the streets, it is
highly rare that additional traffic would visit this site unless they currently travel the street.
Mr. Parvis Vessali, 110 Pershing, explained that he was the developer for the project. He said that the
proposed site plan was the same as the plan reviewed in November 1998, with the exception of some
minor changes and additional parking.
Commissioner Warren expressed her concern with the lighting of the facility and the signage and their
effects on the surrounding residential areas. Mr. Vessali said that the lighting from this site would not
impact the surrounding properties any more than the existing street lighting. He also expressed his
concern that there would be some type of commercial development at this tract because of it's C-N
zoning.
Ms. Anderson said that in C-N districts, the signs are required to be attached to the buildings; no
freestanding signs are allowed.
Commissioner Horlen asked what the anticipated number of cars visiting the facility and amount of gas
to be sold had been discussed. Mr. Vessali said that this would vary depending on the time of day and
time of year.
Chairman Rife closed the public hearing.
Commissioner Parker moved to approve the Conditional Use Permit. Commissioner Mooney seconded
the motion.
P&Z Minutes February 17, 2000 Page 3 of8
Commissioner Warren expressed her concern with a gas station located this close to single family. She
felt that there were other retail uses that would not impact the residential as much.
Commissioner Parker said that this type of use would be convenient to the residents in the surrounding
residential areas.
Some Commissioners felt this use did not meet the "substantially burden" test (as discussed by the Legal
staff in the Workshop held earlier). Some felt that the use would adversely affect the surrounding
property owners and it would impact on traffic.
Other Commissioners did not see evidence that additional traffic would be generated, in which there
would be an impact to the surrounding properties, and felt this location was a logical place for this type
of use.
Commissioner Parker said that there is always a possibility of increased traffic with any type of
development, and this is a risk that sometimes has to be taken. He said that the question to be answered
is whether or not this use is compatible with the location and surrounding property developments.
Commissioner Mooney said that he wished the adjacent property owners would have come to the
meeting to express their concerns (if any). He did not feel that this use would add to the existing traffic,
but did feel that this use would be "convenience" for the neighborhood.
Commissioner Warren wanted everyone to realize that this location is at a rather busy intersection, and
although the site plan meets ordinance requirement there may still be a congestion problem.
Chairman Rife called for the vote, and the motion to approve the permit failed 3-3; Chairman Rife,
Commissioners Parker and Mooney voted in favor of the motion, and Commissioners Warren, Floyd,
and Horlen voted in opposition of the motion.
AGENDA ITEM NO. 5: Public hearing and consideration of a Final Plat for the Brentwood
Subdivision Lots 18R and 2R, Block 2 located between Brentwood Drive and Southwest
Parkway. (00-15)
Staff Planner Jimmerson presented the staff report and stated that the subject property was zoned C-1,
and is shown on the Land Use Plan as Retail Regional. The Thoroughfare Plan does not show any
streets on this tract. Lot 2R is developed and has two access points to Southwest Parkway, one is a
joint access with the property to the west. The rear of Lot 2R shows a 73.5-foot wide private access
and parking easement. The intent of this access is to provide the potential for joint or shared parking
and possible cross access for the two lots. Any expansion of the credit union, or new development on
Lot 18R will be required to fully comply with the zoning ordinance. Lot 18R is combining the
remainder of the original Lot 2 and 13 smaller lots that front on Brentwood. Primary access to Lot 18R
will be from Brentwood. Consolidation of the 13 existing lots will ensure better compliance with the
City's driveway regulations. Staff recommended approval of the final plat with the condition that the
electrical easement(s) are shown on the mylar.
Chairman Rife opened the public hearing.
P&Z Minutes February 17, 2000 Page 4 of 8
r~
Commissioner Kaiser asked who originally put the fence up? Mr. Young said that Pebble Creek
Development Company put the fence up, but it was put between City property and the right-of--way.
Commissioner Floyd asked if the Pebble Creek property owners were aware that this property is the
City's? Mr. Young said that this property is designated City property on the plat. He did not know of
any owners that had a misconception as to the ownership of this property.
Chairman Rife closed the public hearing.
Commissioner Floyd moved to recommend approval of the rezoning request. Commissioner Horlen
seconded the motion, which passed 5-l; Commissioner Parker voted in opposition to the motion.
AGENDA ITEM NO. 5: Public hearing and consideration of a C-N Neighborhood Business site
plan and use, for a convenience store/gas station, Exton @ Dartmouth Crossing, to be located at
2500 Dartmouth Drive. (00-46)
Staff Planner Anderson presented the staff report and stated that the applicant is proposing to construct
a 5,605 square foot convenience store and an four (4) pump gas station at the southwest corner of
Dartmouth Drive and Southwest Parkway. The site is proposed to house a carryout food store,
convenience store, dry cleaners and gas station. The property is currently zoned C-N Neighborhood
Business. Convenience stores, dry cleaners, and gas stations are not expressly permitted in a C-N
district, but may be allowed under the provision listed "other uses to be determined by the
Commission." All uses in the C-N district must have their use, location and site plan approved by the
Planning & Zoning Commission. On February 17, 2000, the Planning & Zoning Commission denied by
a vote of 3-3 the applicant's request for a convenience store and gas station at this location. Opposing
Commissioners were concerned with traffic generation and they felt that the proposed site and use
would adversely affect the surrounding property owners. She explained that by using the ITE (Institute
of Traffic Engineers) Trip Generation Manual, staff estimated the trip generation for the proposed site
to along the order of 2,500 to 5,000 trips per day. However, this should not be interpreted to mean that
this many trips would be added to the surrounding street system because a large percentage of these
trips are from "pass-by" traffic. Based on case studies provided in the manual, staff estimated that
approximately 40 to 60 percent of the traffic generated to the site would be from pass-by traffic and not
additional traffic being added to Southwest Parkway or Dartmouth. Thus the actual amount of traffic
added to these streets is more along the lines of 1,000 to 3,000 trips per day. Staff believed that there is
remaining capacity available in Dartmouth and Southwest Pazkway to absorb the additional traffic being
generated by this site. Ms. Anderson said that the applicant has since modified the original site plan to
help address some of the concerns stated in the February 17~' hearing. The applicant is requesting
approval of the site plan and use of this modified plan. The proposed plan includes the removal of five
parking spaces in order to provide the following features: additional and lazger landscaped islands,
sidewalks, and bike racks. The applicant also added two stamped concrete walks to help provide
pedestrian access from adjacent properties. The revised plan does meet parking requirements. In
addition, the applicant intends to use more subdued lighting that would be oriented in such a way as to
have minimal impact to the single family development that exists across Southwest Parkway.
Ms. Anderson explained that Neighborhood Business uses must meet the intent of the C-N district. The
Zoning Ordinance defines the purpose of this district as, "...providing small commercial sites for
residential convenience goods and personal service businesses. No use shall be allowed which would
P&Z Minutes Apri16, 2000 Page S oj7
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adversely affect the health, safety, welfare, or residential character of the neighborhood. The use shall
be a low traffic generator and shall not create any noise, light, or odors abnormal to the neighborhood."
The use must be compatible with the surrounding area that it serves. Staff recommended approval with
conditions as stated on the Staff Review Comments No. 2 (included with the staff' report). She did
specify that review comment number 3 (Waiting for approval from the Fire Marshal about proposed
"lay of hose" configuration) was denied by the Fire Marshal -the hydrant will need to be on Dartmouth.
The manager of Heritage at Dartmouth Apartments is in favor of the request.
Chairman Rife opened the public hearing.
Mr. Greg Taggart (Municipal Development Group) representing the applicant said that the three major
concerns expressed by the Commission at the last review relating to parking, lighting, and landscaping
have be addressed and reflected in the new proposal. He said that the majority of the trafFic for this site
will be pass-by traffic.
Commissioner Floyd asked if Mr. Taggart was aware of the amount of trafFic generated by a
convenience store with gas pumps opposed to a convenience store without gas pumps. Mr. Taggart did
not know, but he said that the Dartmouth study showed a similar development at the same intersection
on the opposite corner.
Some Commissioners wanted to know the height of the sign and canopy. Ms. Anderson said that there
were no sign height requirements specified in the C-N district. Senior Planner Kuenzel said that the
Commission could add a condition to the height of the canopy.
Mr. Akber Dosani, the owner, said that the canopy would be an average size to allow larger vehicles to
use the pumps. He clarified that there would be 4 pumps on each side of the island (8 total). He told
the Commissioners that he was not sure as to which type of gas supplier he would use (Exxon, Texaco,
etc), but there were only standards on colors and canopies normally, they do not usually regulate the
size of the building.
Ms. Marianne Oprisko, 14125 Renee Lane, said that there were other convenience stores with gas
stations that "fit" into the surrounding areas such as the store at Welsh and Holleman. She was glad to
see that there was adequate access to the site for the handicapped.
Chairman Rife closed the public hearing.
Commissioner Parker moved to approve the request. Commissioner Warren seconded the motion.
Commissioner Warren stressed that ramps were an important issue since there would be sidewalk access
from the apartments.
Chairman Rife called for the vote, and the motion to approve the request failed 3-3 (in favor: Chairman
Rife, Commissioners Parker and Warren; opposed: Commissioners Kaiser, Floyd, and Horlen).
AGENDA ITEM NO. 6: Consideration of a Preliminary Plat for Legacy Addition, consisting of
approximately 7.165 acres on the northwest corner of Holleman and Harvey Mitchell. (99-184)
P&Z Minutes April 6, 2000 Page 6 of 7
Ms. Jimmerson said that this property would not have to meet additional streetscape requirements along
Rock Prairie Road because the developer of the entire subdivision took care of the streetscape for Rock
Prairie Road in the median areas. Edelweiss is a collector street and generally staff would not require
streetscaping because it is primarily residential, although additional landscaping can be required as a
condition of the permit.
Chairman Rife called for the vote, and the motion to approve the conditional use permit passed
unopposed 4-0.
AGENDA ITEM NO. 4: Public hearing and consideration of a C-N Neighborhood Business site
plan and use, for a convenience store/gas station, Eamon @ Dartmouth Crossing, to be located at
2500 Dartmouth Drive. (00-82)
Staff Planner Anderson presented the staff report and stated that this has been before the Commission
on February 17a' and April 7a' of this year and in each instance the applicant's request was denied by a
vote of 3-3. The site was denied on April 6~' due to opposing Commissioners having continuing
concerns that the site would adversely affect the surrounding property owners. The Commission was
not satisfied with the level of information provided in relation to canopy, facade, and lighting impact
that would affect the surrounding property owners. The applicant is proposing to construct a 5,605
square foot convenience store and four (4) pump gas station at the southwest corner of Dartmouth
Drive and Southwest Parkway. The site is proposed to house the following uses: carry-out food store,
convenience store, dry cleaners and gas station. The property is currently zoned C-N Neighborhood
Business. Convenience stores and gas stations are not expressly permitted in a C-N district, but may be
allowed under the provision listed "other uses to be determined by the Commission." All uses in the C-
Ndistrict must have their use, location, and site plan approved by the Planning & Zoning Commission.
The applicant has not changed the site plan with this submittal, but has provided a lighting schematic to
show how the light from the canopy will affect the surrounding area. The applicant also provided
elevation drawings of the proposed canopy and facade. The canopy is non-traditional in appearance,
with a silver gable roof and anoff-white front that will contain the gas station's logo. The canopy is
shown to have an overall height of 21'6" with 14' clearance for vehicles. The facade drawings indicate
a red brick to match the surrounding area. In addition, the facade will have stars similar to the Texas
Aggie Credit Union on Southwest Parkway.
Ms. Anderson reminded the Commission that Neighborhood Commercial uses must meet the intent of
the C-N district. The Zonng Ordinance defines the purpose of this district as, "providing small
commercial sites for residential convenience goods and personal service businesses. No use shall be
allowed which would adversely affect the health, safety, welfare, or residential character of the
neighborhood. The use shall be a low traffic generator and shall not create any noise, light or odors
abnormal to the neighborhood." The use must be compatible with the surrounding area that it serves.
She said that the FM 2818 Extension Study recommended this intersection as a location for a
neighborhood business to serve both the surrounding neighborhood and Central Park. Staff
recommended approval of the use, location, and site plan.
Chairman Rife opened the public hearing.
Ration Mete Municipal Development Group, was present to represent the application. He explained
that during the first consideration of the request, the Commission was concerned with lighting,
P&Z~Llinutes ~Liay 18, 2000 Page 4 of 6
landscaping, and traffic. He said the proposal exceeds the landscaping requirements. Mr. Metcalf said
that he spoke with Tony Michalsky (City's Electrical Departriient) and -asked him about the existing
light poles on Southwest Park~cvay and came up with a lighting schematic for the project (showing the
existing street lights, etc.). The lighting provided would be adequate for safety of the patrons while at
the gas pumps, but did not feel that there would be adverse impacts on the surrounding areas. Mr.
Metcalf said that Dr. Blashke conducted a traffic study when the intersection was developed (the
Dartmouth extension to the south), and the study showed that 40-60% of the users for this convenience
store would be passer-by traffic. Pedestrian access would be provided for easy and safe access from
Dartmouth and Southwest Parkway.
Mr. Metcalf said that at the second meeting the Commission expressed concern with the canopy,
blending with the neighborhood, and the sign. The color schemes and styles for the surrounding
neighborhoods have been matched to make this site aesthetically pleasing and to blend with the
surrounding neighborhood. He showed the Commission what the proposed canopy would look like,
and said that this too would blend with the neighborhood. He said that the owner recognized that the
majority of his customers would be passer-by traffic and pedestrians from neighborhoods, so he did not
feel that he would need to attract additional traffic from other roadways. The only sign would be on the
canopy since no unattached signs are allowed in this zoning district.
Chairman Rife asked if the height of the canopy would exceed the height of the building. Mr. Metcalf
said that the peak it would not.
Conmissioner Mooney asked Mr. Metcalf about security lighting in the rear of the building where the
durnpsters would be. Mr. Metcalf said that tlus issue could be addressed.
Commissioner Horlen asked for clarification of where the berms would be placed. Mr. Metcalf said that
the ordinance requires screening of parking so they were proposing 2 foot berms with shrubs placed on
top of the berms. Connissioner Horlen asked if there was a way to screen the parking in a more
natural way instead of the berms begituung and ending at each parking area. Mr. Metcalf felt there
could be a way to accommodate this.
Denise Bryant, 2604 Clearwood Court, the manager of the Heritage at Dartmouth apartments, told the
Commission that this would be convenient to her residents since approximately 1/3 of the residents in
this complex were disabled. The applicant is proposing a pedestrian walkway that would make it safe
for her residents to get to a store without putting themselves at risk by crossing over Texas Avenue to
go to the nearest existing store. She also said that there were times when some of her residents ran out
of gas in their cars trying to get to a gas station.
Chairman Rife closed the public hearing.
Comnussioner Mooney moved to approve the request. Comnussioner Floyd seconded the motion.
Comnussioner Floyd asked to amend the motion with the request that security lighting is provided for
the rear of the building, and to change the landscaping plans to make the berms look more natural with a
nux-ture of plants instead of the uniformed line formation. Commissioner Horlen seconded the
amendment to the motion, which passed unopposed 4-0.
P&Z 1Lfinutes ,1~1ay 18, 2000 Page S of 6
Comnssioner Mooney said that he had been in support of this development at the past meetings
because of the convenience to the neighborhood and upcoming developments in the area.
Conunissioner Floyd commended the applicant for his cooperation with the concerns the Commission
expressed at previous meetings.
Commissioner Horlen was previously concerned with aesthetics of the development and he is pleased
with this proposal.
Chairman Rife called for the vote, and the motion to approve the request passed unopposed 4-0.
AGENDA ITEM NO. 5: Update to the Commission of any new Minor or Amending Plats
approved by Staff.
None.
AGENDA ITEM N0.6: Discussion of future agenda items.
None.
AGENDA ITEM NO. 7: Adjourn.
Commissioner Floyd moved to adjourn the meeting of the Planning and Zoning Conunission.
Conmussioner Mooney seconded the motion, which passed unopposed 4-0.
A E T:
Staff Assistant, Debra Charanza
P&Z~Lfinutes May 18, 2000 Page 6 of 6